Citation : 2025 Latest Caselaw 6793 Jhar
Judgement Date : 11 November, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 909 of 2025
Sandip Chatterjee @ Sandeep Chatterjee ...... ... Petitioner
Versus
1.The State of Jharkhand
2.Roshni Bhattacharya (Chatterjee) ..... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Rohan Mazumdar, Advocate For the State : Mr. Abhay Kr. Tiwai, A.P.P For the O.P. No.2 : Mr. Bhaswat Prakash, Advocate
05/ 11.11.2025: Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
2. I.A. No.12284 of 2025 has been filed for suspension of sentence and release the petitioner on bail during the pendency of the instant criminal revision.
3. Learned counsel appearing for the petitioner submits that the learned Sub-Divisional Judicial Magistrate, Jamshedpur by judgement dated 26.08.2023 held the petitioner guilty under sections 498A and 323 of the I.P.C. read with section 34 of I.P.C and section 4 of Dowry Prohibition Act arising out of Kadma P.S. Case No. 100 of 2012, corresponding to G.R. Case No. 1688 of 2012 and further sentenced the petitioner to undergo rigorous imprisonment for two and half years (30 months) and fine of Rs. 1,000/- for the offence punishable under Section 498A of the Indian Penal Code read with section 34 of I.P.C. and in default of payment of fine, the petitioner was directed to further undergo R.I for two months. The petitioner was also sentenced to undergo S.I for six months for the offence punishable under Section 323 I.P.C. read with Section 34 I.P.C. and R.I. for one year along with fine of Rs. 1,000/-for the offence punishable under Section 4 of D.P. Act and in default of payment of fine, the petitioner was directed to further undergo S.I. for one month and all the sentences shall run concurrently and the period of the detention of the petitioner if any will be set off from the sentences. He further submits that said judgment was challenged before the learned Additional Sessions Judge-IV, Jamshedpur in Criminal Appeal No. 192 of 2023 and by judgment dated 04.07.2025 the learned appellate court has been pleased to dismiss the appeal and affirmed the judgment of learned trial court.
4. Learned counsel for the petitioner submits that the petitioner has already surrendered before the learned court and surrender certificate has been brought on record. He further submits that petitioner is in judicial custody since 27.08.2025. He also submits that maximum sentence is two and half years.
5. Learned counsels for the State oppose the prayer and submits that the petitioner has not completed half of the sentence.
6. Learned counsel for the informant on instruction submits that this matter may kindly be sent for mediation before the Jharkhand State Legal Services Authority (JHALSA) as the matter is arising out of matrimonial dispute and wife is willing to settle the dispute by way of accepting one time alimony.
7. In view of above and considering that maximum sentence is two and half years and petitioner is in custody since 27.08.2025, the matter is arising out of matrimonial dispute and in the attending facts and circumstances of the case, during pendency of this criminal revision petition, the petitioner above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No. 100 of 2012, corresponding to G.R. Case No. 1688 of 2012.
8. In view of above submission made by the learned counsel for the informant and further considering that the matter is arising out of matrimonial dispute between husband and wife, the matter is referred to the Member Secretary, Jharkhand State Legal Services Authority (JHALSA), Nyay Sadan, Ranchi who will look into the matter and provide one trained mediator to mediate between the parties.
9. The petitioner and O.P. No.2 shall appear at 10.30 A.M. on 24.11.2025 before the Member Secretary, JHALSA.
10. Learned counsels for the petitioner as well as O.P. No.2 shall intimate this order to the petitioner and O.P. No.2 regarding their appearance before the Member Secretary, JHALSA on 24.11.2025.
11. It is expected that mediation report shall be placed before this Court within four weeks from the date of first appearance of the parties.
12. I.A. No.12284 of 2025 is allowed and disposed of.
13. Let this matter appear on 06.01.2026..
14. Let a copy of this order be communicated to the Member Secretary, Jharkhand State Legal Services Authority (JHALSA), Nyay Sadan, Ranchi.
( Sanjay Kumar Dwivedi, J.) satyarthi-
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